Abhijayan vs Union Of India
2021 Latest Caselaw 1693 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

  FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942

                    WP(C).No.26749 OF 2020(P)


PETITIONER/S:

              ABHIJAYAN,AGED 21 YEARS,S/O.JAYAKUMAR,
              POONILATHU VEEDU, VAKKANADU P.O., ULACODE,
              KOTTARAKKARA TALUK, KOLLAM DISTRICT.
              BY ADVS.
              SMT.BINDUMOL JOSEPH
              SRI.B.S.SYAMANTHAK
              SHRI.SRIVIDYA K

RESPONDENT/S:

      1       UNION OF INDIA,REPRESENTED BY ITS SECRETARY
              MINISTRY OF LAW AND JUSTICE, 4TH FLOOR, A-WING,
              SHASTRI BHAVAN, NEW DELHI-110001.
      2       STATE OF KERALA,REPRESENTED BY ITS SECRETARY TO
              HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM-695001.
      3       THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES
              AND CONVEYANCE DISPOSAL COMMITTEE,
              THIRUVANANTHAPURAM, REPRESENTED BY DISTRICT
              POLICE CHIEF, THIRUVANANTHAPURAM, VIKAS BHAVAN
              P.O., KERALA-695033.
      4       DEPUTY SUPERINTENDENT OF POLICE,NARCOTIC CELL,
              THIRUVANANTHAPURAM RURAL, THIRUVANANTHAPURAM,
              VIKAS BHAVAN P.O., KERALA-695033.
      5       SUB INSPECTOR OF POLICE,VITHURA POLICE STATION,
              VITHURA, THIRUVANANTHAPURAM-695551.
              R1 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
              R1 BY ADV. SRI.C.DINESH

OTHER PRESENT:

              SMT. M. K. PUSHPALATHA, SR.PP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Case No. WPC 26749/2020




                                -2-




                          JUDGMENT

Ext.P7 is the order under challenge in this Writ Petition.

2. Heard.

3. The vehicle of the petitioner bearing Reg.No.KL- 24-S-4955 was seized by the police in connection with Crime No.146 of 2020 of Vithura Police station registered under Sections 22(b) and 22(a) of the Narcotic Drugs and Psychotropic Substances Act and 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The petitioner filed representation before the Drug Disposal Committee for the release of the said vehicle to the petitioner. The Drug Disposal Committee, as per Ext.P7 order, dismissed the representation.

4. The grievance of the petitioner is that the petitioner was not granted an opportunity of hearing before passing Case No. WPC 26749/2020

Ext.P7 order.

5. This Court in Smart Logistics (M/s.) Kozhikode v. State of Kerala and others [2020 (5) KHC 139] held that the power conferred on the Drug Disposal Committee is not an arbitrary power and the exercise of the said power by the Committee shall be on proper and relevant considerations. It was further held by the lerned Single Judge in Smart Logistics (supra) that the Drug Disposal Committee has to hear the person who would be affected by its order on disposal of the conveyance.

6. It appears from Ext.P7 order that the petitioner was not granted an opportunity of hearing before passing Ext.P7 order. In the said circumstances, Ext.P7 order cannot be sustained in view of the decision of this Court in Smart Logistics (supra). Consequently, I set aside Ext.P7 order and direct the Drug Disposal Committee to pass order afresh on the representation made by the Case No. WPC 26749/2020

petitioner, in accordance with law, as expeditiously as possible and at any rate, within two months from the date of receipt of this judgment, affording reasonable opportunity of hearing to the petitioner. Copy of the order, which will be passed by the Drug Disposal Committee, shall be communicated to the petitioner by the Drug Disposal Committee concerned and till such communication is made, the vehicle shall not be disposed of.

This Writ Petition stands disposed of as above.

Sd/B. SUDHEENDRA KUMAR, JUDGE.

dl/ Case No. WPC 26749/2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.146/2020 OF VIDHURA POLICE STATION DATED 28.02.2020.

EXHIBIT P2 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE CAR BEARING REGISTRATION NUMBER KL-24-S-4955.

EXHIBIT P3 A TRUE COPY OF THE ORDER OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE FOR THE TRIAL OF FOREST OFFENCES NEDUMANGAD DATED 14.05.2020.

EXHIBIT P4 A TRUE COPY OF THE ORDER OF THE ADDITIONAL SESSION COURT-I, THIRUVANANTHAPURAM IN CRL.M.P.NO.684/2020 DATED 15.10.2020.

EXHIBIT P5 A TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN CRL.M.C.NO.1640/2020 DATED 05.10.2020.

EXHIBIT P6 A TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER WITHOUT ITS ANNEXURES.

EXHIBIT P6(A) A TRUE COPY OF THE RECEIPT DATED 11.11.2020 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P7 A TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 16.11.2020.

EXHIBIT P8 A TRUE COPY OF THE NOTIFICATION NO.G.S.R.NO.38(E) DATED 16.01.2015.